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ESTATE OF GIRALDIN

No. S197694.

55 Cal.4th 1058 (2012)

150 Cal. Rptr. 3d 205

290 P.3d 199

Estate of WILLIAM A. GIRALDIN, Deceased. CHRISTINE GIRALDIN et al., Plaintiffs and Respondents, v. TIMOTHY GIRALDIN et al., Defendants and Appellants.

Supreme Court of California.

December 20, 2012.

Attorney(s) appearing for the Case

Bidna & Keys, Howard M. Bidna , Richard D. Keys and Jon A. Longerbone for Defendant and Appellant Timothy Giraldin.

Mary Giraldin, in pro. per.; Ross Law Group and Mark A. Ross for Defendant and Appellant Mary Giraldin.

Freeman, Freeman & Smiley, Stephen M. Lowe , Jared A. Barry , Duncan P. Hromadka and Thomas C. Aikin for Plaintiffs and Respondents.

OPINION

CHIN, J. —

A revocable trust is a trust that the person who creates it, generally called the settlor,1 can revoke during the person's lifetime. The beneficiaries' interest in the trust is contingent only, and the settlor can eliminate that interest at any time. When the trustee of a revocable trust is someone other than the settlor, that trustee owes a fiduciary duty to the settlor, not to the beneficiaries...

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